Section 504
THIS IS NOT A FUNCTION OF SPECIAL EDUCATION
Section 504 of the Rehabilitation Act of 1973 states, “No otherwise qualified individual with a disability, shall, solely by reason of her or his disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
To understand Section 504 better, a student may have a disability (or the perception of a disability), but does not meet the state eligibility requirements for IDEA to receive special education services. That student may still qualify for accommodations and/or modification based on their disability. For example, a student may have ADHD, but does not meet the state eligibility requirements for special education services through a learning disability (PC), physical disability, emotional disturbance or traumatic brain injury. That students may qualify for Section 504 and be eligible for accommodations such as modified assignments, grading, extended time, etc.
When an impairment limits a major life activity, the individual may qualify for protection under Section 504. Major life activities include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. When an impairment does not substantially limit a major life activity, the individual does not qualify under Section 504.
If a the Woodland Park School District has reason to believe that, because of a disability as defined under Section 504, a student needs special accommodations or services in the general education setting in order to participate equally in the school program, the District must evaluate the student. If it is determined that the student is disabled under Section 504, the District must develop a plan and implement the delivery of needed services through general education.
Following is an example of some of the types of disabilities that may qualify for Section 504: AIDS, Allergies (may limit major life activity of breathing & interfere), arthritis, asthma, ADD, ADHD, cancer, cerebral palsy, drugs & alcohol (if student is not currently using drugs or alcohol and is in rehabilitation), emotionally disturbed, epilepsy, leukemia, learning disability, obesity, orthopedically impaired, parent with a hearing impairment, pregnancy, socially maladjusted, student formerly received special education, student with special health care needs, temporarily disabled, Tourette’s syndrome, traumatic brain injury, and tuberculosis.
Examples of types of accommodations might include (but are not limited to):
provide structured learning environment
adjust class schedules
utilize class aides and note takers
change seating
use of study carrel
modify test delivery
use of tape recorders, computer aides, calculators, etc.
modified textbooks or workbooks
reduce homework assignments
provide peer tutoring
set time expectations
break up tasks into shorter manageable sections
highlight main ideas in textbooks
use behavior management techniques
behavior contract
positive reinforcements, consequences
conference
home/school communication system
daily/weekly progress report
tape lessons
reduced assignments
give both oral and visual directions
increase hands-on
vary method of lesson presentation
provide oral testing
ask student to repeat directions
arrange for a mentor
repeat and simplify instructions
use of graphic organizers
study guides
adjust attendance policies
develop health care plan
provide education and support for peers on disability, disease, death
provide peer support group
adapt physical education curriculum where physically unable to participate
provide rest periods
allow extra time between classes
have a buddy help carry books
shorter school day
homebound instruction
provide supervision
FM system for student with hearing